Public Policy

  • April 09, 2024

    Men Agree To Pay $1M For Robocalls Targeting Black Voters

    A pair of conservative conspiracy theorists have agreed to collectively pay $1 million to resolve litigation stemming from their robocall campaign that spread lies about voting by mail to Black voters ahead of the 2020 election, according to a consent decree filed Monday in New York federal court.

  • April 09, 2024

    After Uproar, New MDL Rule Advances With Attys Assuaged

    Following years of debate and months of outcry, a judicial panel Tuesday approved the first formal rule aimed at improving efficiency and fairness in the nation's burgeoning realm of multidistrict litigation, earning plaudits from placated lawyers in the defense and plaintiffs bars.

  • April 09, 2024

    5th Circ. Asks For Briefing Amid Scrutiny Of Judge's Citi Stock

    The Fifth Circuit has ordered additional briefing in a banking industry-backed legal challenge to the Consumer Financial Protection Bureau's $8 credit card late-fee rule amid questions that have been raised about a potential conflict of interest involving a circuit court judge on the case.

  • April 09, 2024

    Ex-Ohio Utility Chair Dies As Criminal Charges Mount

    The onetime chair of Ohio's utility regulator, who was accused of stealing money from FirstEnergy Corp. as part of a bribery scheme behind a controversial $1.3 billion bailout for two nuclear energy plants, died Tuesday in an apparent suicide, the Franklin County Coroner's Office confirmed.

  • April 09, 2024

    Calif. AG Backs Bill To Revamp 'Abysmal' Corporate Penalties

    California Attorney General Rob Bonta gave his full support Tuesday to a state bill that would increase the cap on criminal penalties for corporate malfeasance from the "abysmal penalty" of $10,000 per felony to $25 million, or twice the value of the inflicted loss, and provide all proceeds to California's crime victim services.

  • April 09, 2024

    What's In The Norfolk Southern $600M Derailment Deal

    Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, reached a litigation milestone Tuesday with the disaster's first major settlement, a proposed $600 million deal with nearby residents and businesses, but the rail giant must still contend with a federal investigation and other lawsuits.

  • April 09, 2024

    In Trump Case, Justices Get Reminded Presidents Aren't Kings

    Former President Donald Trump's bid for absolute presidential immunity from criminal prosecution flies in the face of a major feature of the U.S. Constitution, and would create novel obstacles for the military and the economy, backers of special counsel Jack Smith have told the U.S. Supreme Court.

  • April 09, 2024

    Pfizer Cancer Drug Way Too Expensive, Biden Told

    The U.S. government is being asked yet again to use patent laws to lower the price of a prostate cancer drug that was developed at UCLA and is being sold by Pfizer for $136 a pill in the U.S.

  • April 09, 2024

    FDIC Beats Industry Group's Challenge To NSF Fee Guidance

    The Federal Deposit Insurance Corporation no longer faces a bank industry group's suit alleging its guidance on nonsufficient funds fees violated federal law after a Minnesota federal judge found the group put "the cart before the horse" in presuming certain FDIC guidance would be binding.

  • April 09, 2024

    Colo. Justices Admit Rulings Caused Claims Clock Confusion

    The Colorado Supreme Court has concluded that some of its past decisions sowed confusion about how much time minors have to file personal injury claims, and clarified that a woman who relied on the prior precedent to sue in state court over her bike accident had waited too long.

  • April 09, 2024

    US, UK And Australia Eye Japan For 'Advanced Capabilities'

    Japan may join Australia, the U.K. and the U.S. in the trio's efforts to develop advanced military capabilities and technology sharing in areas including artificial intelligence and quantum technologies, the three AUKUS security partners announced.

  • April 09, 2024

    Court Axes Subpoena Of Ex-Wife In 1st Abortion Death Suit

    The woman at the center of the nation's first abortion wrongful death suit since the landmark Dobbs decision need not produce info about how she allegedly obtained abortion-inducing drugs from two women, a Texas appeals court ruled Tuesday, saying doing so would violate the woman's Fifth Amendment right against self-incrimination.

  • April 09, 2024

    Contractor Says Feds Are Blocking Border Wall Settlement Payout

    A construction contractor wants to intervene in litigation over the Biden administration's diversion of border wall funds, saying the federal government has invoked a recent injunction in the case to stymie the company's attempt to recoup lost construction costs.

  • April 09, 2024

    Colo. Justices Doubt Workers' Comp Stops Insurance Suits

    A Colorado Supreme Court justice expressed doubt Tuesday that lawmakers, in crafting Colorado's workers' compensation law, intended to make employees choose between getting workers' comp and suing their employer's auto insurer when injured on the job by an underinsured driver — tackling a question that has stymied the state's federal judiciary.

  • April 09, 2024

    Wash. High Court Leaves Gun Magazine Ban In Place

    The Washington state Supreme Court has paused a judge's ruling that the state's law banning the sale of large-capacity magazines for firearms is unconstitutional.

  • April 09, 2024

    Pa. Panel Won't Undo Town Election Due To Missed Deadline

    The Pennsylvania Commonwealth Court said supporters of a candidate for the Towamencin Township Board of Supervisors missed their deadline to challenge Montgomery County's decision to count contested mail-in ballots, which had turned the incumbent's narrow win last November into a tie that his opponent won in the tiebreaker.

  • April 09, 2024

    9th Circ. Open To Reviving Calif. Cannabis Abatement Fight

    A Ninth Circuit panel on Tuesday appeared open to reviving a proposed class action alleging that Humboldt County's abatement fines for unlicensed cannabis growing structures is an unconstitutional "dragnet scheme," with two judges suggesting the magistrate judge inappropriately resolved material factual disputes against the property owners at the pleading stage.

  • April 09, 2024

    Property Owners' Bias Claims Belong In Court, NC Justices Told

    Three property owners urged the North Carolina Supreme Court on Tuesday to revive their claims that the city of Kinston targeted a Black community for house demolitions, contending that they shouldn't have to argue with City Council members before being able to sue.

  • April 09, 2024

    Treasury Proposes Long-Awaited Stock Buyback Tax Rules

    The U.S. Treasury Department proposed a pair of long-awaited rules Tuesday that detail the calculation and reporting of a new excise tax assessed to publicly traded corporations that recently bought back their own shares of stock on the open market.

  • April 09, 2024

    FTC Pressures Global Partners, Gulf Oil Into Reducing Deal

    The Federal Trade Commission took credit Tuesday for raising antitrust concerns spurring the late-February reduction of Global Partners LP's purchase of Northeast U.S. gas terminals from Gulf Oil, cut from five terminals with a $273 million price tag to four terminals and a $212.3 million payment.

  • April 09, 2024

    Gun Shield Law Constitutional, Arms Co. Tells Pa. High Court

    Springfield Armory Inc. has asked the Pennsylvania Supreme Court to undo a ruling that it was not immune from product defect claims filed by the family of a boy who was shot by a friend thinking one of the company's guns was unloaded, arguing that Congress intended to prevent such lawsuits with the Protection of Lawful Commerce in Arms Act.

  • April 09, 2024

    FCC Considers Opening 5 GHz Band To Drones

    The Federal Communications Commission thinks it's time to start letting drones operate in the 5 gigahertz band, envisioning a future when they are used in emergency situations such as wildfires and disaster recovery.

  • April 09, 2024

    FCC Decision On Subsidy Fund Likely Tough To Unravel

    Public advocates are scrambling to reverse a Federal Communications Commission decision sparing broadband providers from helping pay for telecommunications subsidies even after the commission resurrects net neutrality rules that classify them as telecom providers.

  • April 09, 2024

    White House, Senate Dems Want $1.3B To Fight COVID Fraud

    The White House has been working with Senate Democrats on a $1.3 billion plan to expand the federal government's toolkit for going after pandemic fraudsters who took advantage of the influx of aid made available to different facets of the public during the COVID-19 pandemic.

  • April 09, 2024

    Poland Adopts Digital Platform Reporting Rules

    Poland's Council of Ministers approved a measure Tuesday implementing the European Union's tax information reporting procedures for digital platform operators, known as DAC7, the country's tax authority said.

Expert Analysis

  • SEC's Final Climate Disclosure Rules: What Cos. Must Know

    Author Photo

    While the U.S. Securities and Exchange Commission's scaled-back final rules requiring public companies to disclose certain climate-related information still face challenges in court, companies should begin preparing now to comply with the rules, say Celia Soehner and Erin Martin at Morgan Lewis.

  • Golf Course Copyright Bill Implications Go Beyond The Green

    Author Photo

    A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.

  • Preempting Bottled Water Microplastics Fraud Claims

    Author Photo

    Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.

  • Insurance Implications Of Trump's NY Civil Fraud Verdict

    Author Photo

    A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.

  • Opinion

    NY Gubernatorial Absence Provision Is Obsolete And Harmful

    Author Photo

    An outdated provision in the New York Constitution means that the governor loses power whenever they leave the state, creating legal uncertainty and undermining confidence in the rule of law — but fortunately, the solution is straightforward, say Liam Turner and John Rogan at Fordham Law School.

  • Opinion

    European Union Criticisms Of The FCPA Are Misguided

    Author Photo

    Some in the European Union have criticized U.S. enforcement of the Foreign Corrupt Practices Act for what they perceive as jurisdictional overreach, but this appears to overlook the crucial fact that jurisdiction is voluntary, and critics should focus instead on the lack of equivalent laws in their own region, say John Joy and YuTong Wang at FTI Law.

  • What Fed's Credit-Linked Note FAQ Means For Capital Relief

    Author Photo

    U.S. banks that seek to mitigate their loss of liquidity under the Basel III capital requirements by issuing direct credit-linked notes should turn to recent Federal Reserve FAQs for insight into how this new use of synthetic securitizations may reshape risk and regulation in the U.S. market, says Cris Cicala at Stinson.

  • Wildfire Challenges For Utility Investors: Regs And Financing

    Author Photo

    For investors in public utilities, wildfire liability considerations include not only regulatory complexities, but also bankruptcy claims resolution, financing judgments and settlements, and how to leverage organizational structures to maximize investment protections, say David Botter and Lisa Schweitzer at Cleary.

  • Fintech Compliance Does Not Always Equal Bank Compliance

    Author Photo

    Recent enforcement actions are a reminder for banks working with financial technology providers — whether as partners to extend their reach or as internal resources to support existing operations — that few areas of risk need more frequent attention than Bank Secrecy Act and anti-money laundering compliance, says Christopher Couch at Phelps Dunbar.

  • Making The Pitch For A Civil Resolution In A Criminal Case

    Author Photo

    Even without the depth of visibility into prosecutorial decision making offered by special counsel Robert Hur’s recently released report, defense counsel may be able to make the case for civil resolutions of criminal investigations while minimizing a potential negative response from prosecutors to such an argument, says Bill Athanas at Bradley Arant.

  • Del. Dispatch: How Moelis Upends Stockholder Agreements

    Author Photo

    The Delaware Court of Chancery's Moelis decision last month upended the standard corporate practice of providing governance rights in stockholder agreements and adds to a recent line of surprising decisions holding that long-standing, common market practices violate Delaware law, say attorneys at Fried Frank.

  • Enforcement Risk Amid Increased Consumer Data Use

    Author Photo

    While no state has introduced a private right of action for noncompliance with a comprehensive consumer privacy law — except for the California Consumer Privacy Act's data breach provision — organizations and retailers face risk from enforcement actions by state attorneys general and privacy regulators, say attorneys at Dentons.

  • Business Litigators Have A Source Of Untapped Fulfillment

    Author Photo

    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Takeaways From USPTO's AI-Assisted Invention Guidance

    Author Photo

    Recently issued guidance from the U.S. Patent and Trademark Office clarifies how patent inventorship is to be determined when AI is involved, and while the immediate risk of prosecution for failing to meet the new standards appears low, the extent of examiners’ scrutiny remains to be seen, say attorneys at Foley & Lardner.

  • Opinion

    The Problems In Calif. Draft Behavioral Ad Privacy Regs

    Author Photo

    The California Privacy Protection Agency has an opportunity with its automated decision-making technology and profiling rulemaking to harmonize California's regulation of data-driven advertising, but this will be a failure unless several things are changed in its proposed treatment of behavioral advertising, say Alan Friel and Kyle Fath at Squire Patton.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Public Policy archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!